Newlyn Bailiff

bloomingflower

Hi

Please could someone advise about Newlyn?

My husband received a phone call from a bailiff from Newlyn regarding an outstanding parking fine debt of £254 owed to our local authority.

He said he will be attending tomorrow at 6am in the morning to collect goods if the full amount is not paid there and then. We are both worried sick about this as we have tried to explain that we don't have the full amount but are willing to pay what we can afford. We have already paid an amount of £50 as the original debt was over £300.

Is there anything we can do to stop this action?

Many thanks for any replies in advance..

bf x

ppc_scambuster

DO NOT open the door to them, if you have a car make sure it is locked away in a garage or somewhere safe away from your house ensure all door and windows are locked, do not be talked into letting them into your home, if you feel you need to speak to them do it from a partially opened window and not through an open door, they might well try and lie to you in order to gain entry.

bloomingflower

Thank you so much for your reply ppc scambuster, I really do appreciate it..

I will do that, but what will happen in the future? we cant keep looking over our shoulders. What a way to spend xmas!

Am I right in saying that Newlyn are a debt collection agency? I have just been reading some other posts on here about Newlyn.


bfx

ppc_scambuster

I believe they can act as court appointed bailiffs but unless they have a court order to sieze goods they can be politely told to sod off .

They MAY WELL try and lie to you about having an order so you need to be suspicious of any paperwork they try and stuff through the door. It would be a good idea to contact them and arrange a payment plan that is acceptable to YOU (not just to suit them !) these people are bullies and are only interested in getting the money as quickly as they can.

It might be a good idea to post the question in the section that deals specifically with bailiff issues, there will be many on here who are far better qualified than I am to offer an opinion.

Good luck and don`t let the B`stards grind you down !!

esmerobbo

Newlyn may have an official order but they dont always. I dont know if you found this one. It was posted by Herbie21 it shows the way Newlyn operate.

As many people on here know, I have a commercial business providing bailiff advice to the public and normally therefore post responses to queries on the debt section of MSE.

I am posting here concerning a very worrying matter that was brought to my attention this morning when I was contacted by a vehicle keeper who had also received a notice from Civil Enforcement Ltd on her car earlier this year when shopping at Curry's (in a retail park). Like many posters on here she received letters from Civil Enforcement Ltd and eventually; from Newlyn Plc.

However, astonishingly, this morning she received a personal visit at her home from a BAILIFF from NEWLYN Plc who left a hand delivered notice through her door which states on it the following:

FINAL NOTICE

BAILIFF REMOVAL

Total Outstanding £238.13

Due to: Civil Enforcement Ltd

I have today attended your property with the intention of levying and removing your goods.

I will be attending again in the next few days, at the time of my visit I may remove without further notice, goods including motor vehicles even in your absence.

TO AVOID THIS ACTION YOU MUST CONTACT MY ENFORCEMENT TEAM IMMEDIATELY ON 01604 633001 (Bailiff in Charge).

The amount being demanded is the same as on the previous letters from Newlyn. There has not been a summons issued and neither has a Judgment been granted.

If anyone receives such a notice could they please bear in mind the following:

To legally enforce any supposed "debt", Civil Enforcement Ltd would need to issue a summons to the owner of the vehicle. If the summons was ignored then by default, a County Court Judgment would be registered against the vehicle owner. At this stage....and ONLY at this stage... Civil Enforcement Ltd can apply to the County Court for a Warrant of Execution to be issued. Civil Enforcement Ltd would have to pay a £100 court fee to request such a warrant.

Once a warrant was issued, it must by law only be enforced by a County Court Bailiff. There is no provision within law, for it to be enforced by a private sector bailiff company such as Newlyn Plc!!

Due to the seriousness of this letter and the way in which it can mislead the public I have written today to the Ministry of Justice, The British Parking Association, DVLA and the Office of Fair Trading.

If anybody receives such a letter as this, they may wish to also write a formal letter of complaint to the Office of Fair Trading and in doing so, they may wish to refer to the Office of Fair Trading Debt Collection Guidance which can be accessed by using the link below:


To confirm, there has never been a summons issued and neither has a judgment been awarded!!!

peter_the_piper

It may be wise to gather all the facts. Are you sure you owe this money to the council? Why? was it a parking problem which got out of hand? It would be wise to contact bailiffadviceonline and you will need to have all the facts to hane and also have a timeline of all the events.

bloomingflower

Thank you esmerobbo and peter_the_piper for the above posts..


Just to clarify,this 'debt' originally stems from an unpaid parking ticket issued by our local authority.

Apparently the local authority have already taken it to court in June of this year and Newlyn are saying they have a warrant of execution to enforce this debt. The original amount owing to the LA was for £100 and my hubs paid £50,which left only £50 to pay back,stupidly my husband forgot to pay the other £50 and the debt grew to just over £300.

After reading esmerobbo's above post, I have learnt alot and didn't realise that Newlyn can not legally enforce this debt from the following extract..

To legally enforce any supposed "debt", Civil Enforcement Ltd would need to issue a summons to the owner of the vehicle. If the summons was ignored then by default, a County Court Judgment would be registered against the vehicle owner. At this stage....and ONLY at this stage... Civil Enforcement Ltd can apply to the County Court for a Warrant of Execution to be issued. Civil Enforcement Ltd would have to pay a £100 court fee to request such a warrant.

Once a warrant was issued, it must by law only be enforced by a County Court Bailiff. There is no provision within law, for it to be enforced by a private sector bailiff company such as Newlyn Plc!!


If the council did take my husband's case to court,then they would of had to follow the above procedure. To be honest, I can't understand why the LA would take the debt of £50 to court?? Mind you,people have been taken to court for less,I suppose.

Newlyn are saying that this procedure does not apply to my husband as it is the council (not civil enforcement) who have passed the debt onto Newlyn and they have a warrant of execution and that they have the right to act on this.


Could someone please advise as to what the correct procedure should be if someone has a parking ticket issued by the LA?

and could you confirm if its the same as in the above extract?



bfx

bloomingflower

peter_the_piper wrote: »

It may be wise to gather all the facts. Are you sure you owe this money to the council?
The original debt owing to the LA was for £100 and then my hubs paid £50,which left £50 to pay.

Why? was it a parking problem which got out of hand?
It was for a parking ticket issued by the LA
It would be wise to contact bailiffadviceonline and you will need to have all the facts to hane and also have a timeline of all the events.

Hi Peter the Piper, I have just replied in your above post

esmerobbo

I posted the post as an example of how they work. I would look on the site peter the piper suggested as to dealing with the bailiffs.

http://www.bailiffadviceonline.co.uk/

However they have to be invited into your property to levy on goods so the important thing to do is keep them away. If you have a car keep it well hidden or they could clamp it.

bloomingflower

esmerobbo wrote: »

I posted the post as an example of how they work. I would look on the site peter the piper suggested as to dealing with the bailiffs.

http://www.bailiffadviceonline.co.uk/

However they have to be invited into your property to levy on goods so the important thing to do is keep them away. If you have a car keep it well hidden or they could clamp it.

Done this mean he cannot or does not have the right to break in if we stop him from entering,so to speak, into our property even if he has a warrant? sorry for sounding thick lol



bfxx

esmerobbo

I have pasted the section below from the site below, click the link and have a good read. A bailiff calling will say they have all sorts of powers. Very very few have the right of forced entry. That's why most will clamp your car as its an easy option. Some place their foot in the door as you open it and claim they have had entry. They have not but be careful if you choose to talk to them.

This problem is not going to go away and every time the bailiff attends they can increase the charges. You really need to do something about this, have you got in your area, a community law centre or a benefits rights cantre, or a CAB. As Peter the piper advised earlier you need to write the whole facts as they happened, so everything can be checked to insure its all above board, and the debt is being collected correctly. If it is then hopefully you can come to some arrangement. If any arrangement is backed by someone who is recognised as an adviser it normally stands more chance of being excepted.
Holding the bailiff at bay is only a temporary measure and could cost you more in the end. You really do need to act on this now and seek some advice.

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.